WVC 11 - 13 J- 4 A
§11-13J-4a.Neighborhood investment program advisory board.
(a) There is hereby created a neighborhood investment program
advisory board, which shall consist of twelve voting members and
the chairperson.

(b) Chairperson. --

(1) The director of the West Virginia development office, or
the designee of the director of the West Virginia development
office, shall be the ex officio chairperson of the neighborhood
investment program advisory board.

(2) The chairperson shall vote on actions of the board only in
the event of a tie vote, in which case the chairperson's vote shall
be the deciding vote.

(c) Board members. --

(1) Four members shall be officers or members of the boards of
directors of unrelated corporations which are not affiliated with
one another and which are currently licensed to do business in West
Virginia.

(2) Four members shall be executive directors, officers or
members of the boards of directors of unrelated not-for-profit
organizations which are not affiliated with one another which
currently hold charitable organization status under Section
501(c)(3) of the Internal Revenue Code and which are currently
licensed to do business in West Virginia.

(3) Four members shall be economically disadvantaged citizens
of the state that, for the taxable year immediately preceding theyear of appointment to the board, had an annual gross personal
income that was not more than one hundred twenty-five percent of
the federal designated poverty level for personal incomes, and who
has been a domiciliary and resident of this state for at least one
year at the time of appointment.

A member appointed under this subdivision is not disqualified
from completion of his or her term if his or her income in the year
of appointment or in any year subsequent to the year of appointment
exceeds one hundred twenty-five percent of the federal designated
poverty level. A member shall not be eligible for reappointment
under this subdivision unless he or she meets the original
qualifications for appointment: Provided, That such member may be
reappointed pursuant to qualification under subdivision (1) or (2)
of this subsection if the member meets the requirements of
subdivision (1) or (2), respectively.

(d) Limitations; terms of members; appointments. --

(1) Not more than four members (exclusive of the chairperson)
shall be appointed from any one congressional district. Not more
than seven of the members (exclusive of the chairperson) may belong
to the same political party. Members shall be eligible for
reappointment. However, no member may serve for more than three
consecutive terms.

(2) Appointment terms. --

(A) Except for initial appointments described under
subdivision (3) of this subsection, and except for midterm specialappointments made to fill irregular vacancies on the board, members
shall be appointed for terms of three years each.

(B) Except for midterm special appointments made to fill
irregular vacancies on the board, appointment terms shall begin on
the first day of July of the beginning year. All appointment
terms, special and regular, shall end on the thirtieth day of June
of the ending year.

(3) Selection of members. --

(A) For the initial appointment of members under this
subdivision, members shall be selected by the director of the West
Virginia development office.

(B) At the end of a member's term, the chairperson shall
solicit new member nominations from the board and appoint the most
appropriate person to serve, in compliance with the requirements
set forth in this section.

(C) Vacancies on the board shall be filled in the same manner
as the original appointments for the duration of the unexpired
term.

(e) Quorum; meetings; funding. --

(1) The presence of a majority of the members of the board
constitutes a quorum for the transaction of business. The board
shall elect from among its members a vice chairperson and such
other officers as are necessary.

(2) The board shall meet not less than four times during the
fiscal year, and additional meetings may be held upon a call of thechairperson or of a majority of the members: Provided, That no
meeting of the board shall be required if the total amount of tax
credits available for the fiscal year have been allotted.

(3) Board members shall be reimbursed by the West Virginia
development office for sums necessary to carry out responsibilities
of the board and for reasonable travel expenses to attend board
meetings.

(f) Annual report. -- The board shall make a report to the
governor and the Legislature within thirty days of the close of
each fiscal year. The report shall include summaries of all
meetings of the board, an analysis of the overall progress of the
program, fiscal concerns, the relative impact the program is having
on the state and any suggestions and policy recommendations that
the board may have. The report shall be public information made
available to the general public for examination and copying. The
board is authorized to publish the annual report, should the board
elect to do so.

(g) Duties of the board. --

(1) Administrative duties. -- The board shall be responsible
for advising the West Virginia development office concerning the
administrative obligations of the program.

(A) The board shall select and approve projects, which may
then be certified by the director of the West Virginia developmentoffice pursuant to section four of this article.

(B) Only projects sponsored by qualified charitable
organizations, as defined in section three of this article, may be
approved by the board or certified by the director of the West
Virginia development office. An applicant that does not hold
current status as a charitable organization under Section 501(c)(3)
of the Internal Revenue Code may not receive project approval from
the board, or project certification from the director of the West
Virginia development office, for any proposed project. Failure of
any applicant to provide convincing documentation proving such
status as a charitable organization under Section 501(c)(3) of the
Internal Revenue Code shall result in automatic denial of project
approval and denial of project certification under this article.

(3) Criteria for evaluation. -- In evaluating projects for
approval, the board shall give priority to projects based upon the
following criteria. A proposed project shall be favored if:

(A) The project is community based. A project is community
based if:

(i) The project is to be managed locally, without national,
state, multi-state or international affiliations;

(ii) The project will benefit local citizens in the immediate
geographic area where the project is to operate; and

(iii) The sponsor of the project is a local entity, rather
than a statewide, national or international organization or an
affiliate of a statewide, national or international organization.

(D) The project plan incorporates collaborative partnerships
among nonprofit groups, businesses, government organizations and
other community organizations.

(E) The applicant or sponsor of the project has demonstrated
a proven capacity to deliver the proposed services.

(F) The applicant or sponsor of the project historically
maintains low administrative costs.

(G) The applicant produces a strong showing of need for the
services which the proposed project would provide, and produces
convincing documentation of that need.

(H) The proposed project is innovative, novel, creative or
unique in program approach.

(4) In the event that an applicant is directly or indirectly
affiliated with one or more board members, those members may
discuss the proposals with the board, but may not have a vote when
that project is considered for final approval or disapproval.

(5) Project approval by the board. -- Proposed projects shall
be approved or denied approval by a majority vote of the board
after competitive comparison with proposed projects of other
applicants.

(h) Project certification by the director of the West Virginiadevelopment office. --

(1) Upon issuance of approval for a project by the board, the
approved project shall be certified by the director of the West
Virginia development office: Provided, That no certification may
issue for any project, even though the project may have been
approved by the board, if the issuance of certification for such
project will cause the aggregate amount of tax credits certified to
exceed the limitation set forth in this article. No certification
may be issued by the director of the West Virginia development
office for any project which has not been approved by the board.

(2) The West Virginia development office shall promptly notify
applicants of the issuance of certification for their projects, and
shall issue tax credit vouchers to certified project applicants in
the amount of the tax credit represented by the project.

(3) The West Virginia development office may provide
incidental technical support and guidance to projects certified
under this article and may monitor the progress of the projects.
The West Virginia development office shall make a quarterly report
to the board on the progress of certified projects and the program
generally.

WVC 11 - 13 J- 4 A
§11-13J-4a. Neighborhood investment program advisory board.
(a) There is hereby created a neighborhood investment program
advisory board, which shall consist of twelve voting members and
the chairperson.

(b) Chairperson. --

(1) The Director of the West Virginia Development Office, or
the designee of the Director of the West Virginia Development
Office, shall be the ex officio chairperson of the neighborhood
investment program advisory board.

(2) The chairperson shall vote on actions of the board only in
the event of a tie vote, in which case the chairperson's vote shall
be the deciding vote.

(c) Board members. --

(1) Four members shall be officers or members of the boards of
directors of unrelated corporations which are not affiliated with
one another and which are currently licensed to do business in West
Virginia.

(2) Four members shall be executive directors, officers or
members of the boards of directors of unrelated not-for-profit
organizations which are not affiliated with one another which
currently hold charitable organization status under Section
501(c)(3) of the Internal Revenue Code and which are currently
licensed to do business in West Virginia.

(3) Four members shall be economically disadvantaged citizens
of the state that, for the taxable year immediately preceding the year of appointment to the board, had an annual gross personal
income that was not more than one hundred twenty-five percent of
the federal designated poverty level for personal incomes, and who
has been a domiciliary and resident of this state for at least one
year at the time of appointment.

A member appointed under this subdivision is not disqualified
from completion of his or her term if his or her income in the year
of appointment or in any year subsequent to the year of appointment
exceeds one hundred twenty-five percent of the federal designated
poverty level. A member shall not be eligible for reappointment
under this subdivision unless he or she meets the original
qualifications for appointment: Provided, That such member may be
reappointed pursuant to qualification under subdivision (1) or (2)
of this subsection if the member meets the requirements of
subdivision (1) or (2), respectively.

(d) Limitations; terms of members; appointments. --

(1) Not more than four members, exclusive of the chairperson,
shall be appointed from any one congressional district. Not more
than seven of the members, exclusive of the chairperson, may belong
to the same political party. Members shall be eligible for
reappointment. However, no member may serve for more than three
consecutive terms.

(2) Appointment terms. --

(A) Except for initial appointments described under
subdivision (3) of this subsection, and except for midterm special appointments made to fill irregular vacancies on the board, members
shall be appointed for terms of three years each.

(B) Except for midterm special appointments made to fill
irregular vacancies on the board, appointment terms shall begin on
July 1, of the beginning year. All appointment terms, special and
regular, shall end on June 30 of the ending year.

(3) Selection of members. --

(A) For the initial appointment of members under this
subdivision, members shall be selected by the Director of the West
Virginia Development Office.

(B) At the end of a member's term, the chairperson shall
solicit new member nominations from the board and appoint the most
appropriate person to serve, in compliance with the requirements
set forth in this section.

(C) Vacancies on the board shall be filled in the same manner
as the original appointments for the duration of the unexpired
term.

(e) Quorum; meetings; funding. --

(1) The presence of a majority of the members of the board
constitutes a quorum for the transaction of business. The board
shall elect from among its members a vice chairperson and such
other officers as are necessary.

(2) The board shall meet not less than four times during the
fiscal year, and additional meetings may be held upon a call of the
chairperson or of a majority of the members: Provided, That no meeting of the board shall be required if the total amount of tax
credits available for the fiscal year have been allotted.

(3) Board members shall be reimbursed by the West Virginia
Development Office for sums necessary to carry out responsibilities
of the board and for reasonable travel expenses to attend board
meetings.

(f) Annual report. -- The board shall make a report to the
Governor and the Legislature within thirty days of the close of
each fiscal year. The report shall include summaries of all
meetings of the board, an analysis of the overall progress of the
program, fiscal concerns, the relative impact the program is having
on the state and any suggestions and policy recommendations that
the board may have. The report shall be public information made
available to the general public for examination and copying. The
board is authorized to publish the annual report, should the board
elect to do so.

(g) Duties of the board. --

(1) Administrative duties. -- The board shall be responsible
for advising the West Virginia Development Office concerning the
administrative obligations of the program.

(A) The board shall select and approve projects, which may
then be certified by the director of the West Virginia Development
Office pursuant to section four of this article.

(B) Only projects sponsored by qualified charitable
organizations, as defined in section three of this article, may be
approved by the board or certified by the Director of the West
Virginia Development Office. An applicant that does not hold
current status as a charitable organization under Section 501(c)(3)
of the Internal Revenue Code may not receive project approval from
the board, or project certification from the Director of the West
Virginia Development Office, for any proposed project. Failure of
any applicant to provide convincing documentation proving such
status as a charitable organization under Section 501(c)(3) of the
Internal Revenue Code shall result in automatic denial of project
approval and denial of project certification under this article.

(3) Criteria for evaluation. -- In evaluating projects for
approval, the board shall give priority to projects based upon the
following criteria. A proposed project shall be favored if:

(A) The project is community based. A project is community
based if:

(i) The project is to be managed locally, without national,
state, multistate or international affiliations;

(ii) The project will benefit local citizens in the immediate
geographic area where the project is to operate; and

(iii) The sponsor of the project is a local entity, rather
than a statewide, national or international organization or an
affiliate of a statewide, national or international organization.

(D) The project plan incorporates collaborative partnerships
among nonprofit groups, businesses, government organizations and
other community organizations.

(E) The applicant or sponsor of the project has demonstrated
a proven capacity to deliver the proposed services.

(F) The applicant or sponsor of the project historically
maintains low administrative costs.

(G) The applicant produces a strong showing of need for the
services which the proposed project would provide, and produces
convincing documentation of that need.

(H) The proposed project is innovative, novel, creative or
unique in program approach.

(4) If an applicant is directly or indirectly affiliated with
one or more board members, those members shall not discuss the
proposals with one or more board members, and shall not have a vote
when that project is considered for final approval or disapproval.

(5) Project approval by the board. -- Proposed projects shall
be approved or denied approval by a majority vote of the board
after competitive comparison with proposed projects of other
applicants.

(h) Project certification by the Director of the West Virginia
Development Office. --

(1) Upon issuance of approval for a project by the board, the
approved project shall be certified by the Director of the West
Virginia Development Office: Provided, That no certification may
issue for any project, even though the project may have been
approved by the board, if the issuance of certification for such
project will cause the aggregate amount of tax credits certified to
exceed the limitation set forth in this article. No certification
may be issued by the Director of the West Virginia Development
Office for any project which has not been approved by the board.

(2) The West Virginia Development Office shall promptly notify
applicants of the issuance of certification for their projects, and
shall issue tax credit vouchers to certified project applicants in
the amount of the tax credit represented by the project.

(3) The West Virginia Development Office may provide
incidental technical support and guidance to projects certified
under this article and may monitor the progress of the projects.
The West Virginia Development Office shall make a quarterly report
to the board on the progress of certified projects and the program
generally.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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